Terms and Conditions
Terms and Conditions
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Long-term transactions: duration, termination, and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Artikel 1 - Definities
In these terms and conditions, the following definitions apply:
Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or perform is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the consumer's ability to withdraw from the distance contract during the cooling-off period;
Model withdrawal form: the withdrawal form that the entrepreneur makes available, which the consumer can use if they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products and/or services, where only one or more means of distance communication are used up to and including the conclusion of the contract;
Means of distance communication: a tool that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Bedden Plein 40-45 B.V.
Joop van Weezelhof 34
1063MK Amsterdam
Chamber of Commerce (KvK) Registration: 67412483
VAT Identification Number (BTW): NL856975679B01
ING Bank: NL58INGB0007579914
Telephone: 020 - 4470680
Email: info@beddenplein4045.nl
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and they will be sent to the consumer free of charge upon request as soon as possible.
If the distance contract is concluded electronically, in derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or in some other way free of charge upon request.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, paragraphs two and three apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the agreement and these conditions will remain in effect for the remainder, and the relevant provision will be replaced by a provision that approaches the intent of the original as closely as possible in mutual consultation.
Matters not governed by these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.
Article 4 - The Offer
If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications, data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.
Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price, including taxes;
any delivery costs;
the way in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement will be archived after it is concluded, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check the data provided by them in the context of the agreement and, if desired, restore them;
the languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct by electronic means; and
the minimum duration of the distance agreement in the event of a continuous performance transaction.
Article 5 - The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for that purpose.
The entrepreneur can, within the legal framework, inform whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to the execution.
The entrepreneur will send the following information regarding the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's establishment where the consumer can address complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about warranties and existing after-sales service;
d. the data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the performance of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of a continuous performance contract, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into subject to the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of Withdrawal
In the case of product delivery:
Upon the purchase of products, the consumer has the option to dissolve the agreement without stating any reasons for a period of 14 days. This cooling-off period starts on the day after the consumer or a previously designated and disclosed representative of the consumer has received the product.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they decide to exercise their right of withdrawal, they will return the product to the entrepreneur with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
The consumer is obliged to notify the entrepreneur of their intention to exercise their right of withdrawal within 14 days after receiving the product. The consumer must do this using the model withdrawal form. After the consumer has indicated that they want to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example, by means of proof of shipment.
If the consumer has not indicated that they wish to make use of their right of withdrawal after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is a fact.
In the case of service delivery:
5. In the case of the provision of services, the consumer has the option to dissolve the agreement without stating any reasons for at least 14 days, starting on the day of entering into the agreement.
To use their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 - Costs in Case of Withdrawal
If the consumer makes use of their right of withdrawal, they shall be responsible for the cost of returning the goods at most.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition for this is that the product has already been received by the web retailer or that conclusive proof of complete return can be provided.
Article 8 - Exclusion of Right of Withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. which have been created by the entrepreneur in accordance with the consumer's specifications;
b. which are clearly of a personal nature;
c. which cannot be returned due to their nature;
d. which can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal;
h. for hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;
b. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
c. regarding betting and lotteries.
Article 9 - The price
During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. These price fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the agreement from the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal regulations and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
o The consumer has repaired or altered the delivered products themselves or had them repaired or altered by third parties;
o The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or are in violation of the entrepreneur's instructions and/or have been treated on the packaging;
o The defect is wholly or partly the result of regulations that the government has or will establish regarding the nature or quality of the materials used.
Article 11 - Delivery and performance
The entrepreneur will exercise the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
The company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
If the agreement is dissolved in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. Clear and comprehensible notification of this will be provided at the latest upon delivery. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and disclosed representative to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Long-term transactions: duration, termination, and extension
The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed termination rules and a notice period of at most one month.
The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time by the end of the definite period, taking into account the agreed termination rules and a notice period of at most one month.
The consumer can conclude the agreements referred to in the previous paragraphs:
o At all times terminate and not be limited to termination at a specific time or during a specific period;
o Terminate them at least in the same way as they were entered into by him;
o Always terminate with the same notice period as the entrepreneur has stipulated for himself.
Renewal
An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a definite duration.
Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a definite duration of up to three months if the consumer can terminate this extended agreement by the end of the extension with a notice period of at most one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of at most one month and a notice period of at most three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily news and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly renewed and will end automatically upon the expiry of the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless the reasonableness and fairness preclude termination before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has a duty to report inaccuracies in payment details provided or stated without delay to the entrepreneur.
In the event of default by the consumer, the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs that have been communicated in advance.
Article 14 - Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur in writing within 7 days, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
Article 15 - Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are subject exclusively to Dutch law, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Artikel 16 - Additional or Different Provisions
Additional or different provisions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer on a durable medium in an accessible manner.